Politically Charged Atmosphere In Bengal May Not Be Conducive For Fair Investigation: Supreme Court Allows BJP Leader's Plea For CBI Probe
Amisha Shrivastava
4 Dec 2024 7:53 PM IST
The Supreme Court cited the politically charged environment in West Bengal as a significant factor while directing the transfer of investigations in criminal cases against West Bengal BJP leader Kabir Shankar Bose to the CBI to ensure a fair and impartial investigation.
A bench of Justice BV Nagarathna and Justice Pankaj Mithal allowed Bose's plea alleging that false criminal charges were filed against him at the behest of BJP MP Kalyan Banerji due to political rivalry. The Court noted Bose's affiliation with the BJP and Banerji's membership in the TMC observing, “The political scenario in the State of West Bengal is apparently opposed to the party in power at the Centre.”
The Court opined that no prejudice would be caused to either of the parties if the investigation is conducted by an independent agency other than the State police.
“Thus, looking to the facts of this case particularly, that respondent No. 7 (Banerji) is a parliamentarian from the ruling party in the State of West Bengal and that the petitioner belongs to the ruling party at the Centre, the politically charged atmosphere in the State of West Bengal may not be very conducive to a fair investigation being conducted in the instant case. It is, hence, considered appropriate that instead of keeping the investigation pending for an indefinite period, the investigation be transferred to the CBI”, the Court held.
The Court further cited the principle of “justice may not only be done but it must appear to have been done” as a ground for transferring the investigation.
“It is well recognised that investigation should not only be credible but also appear to be credible vide R.S. Sodhi vs. State of U.P. Even otherwise, the law requires that justice may not only be done but it must appear to have been done. Thus, following the above dictum, to ensure a fair investigation in the matter, there appears to be weight in the argument of the learned counsel for the petitioner to transfer the investigation in relation to the two FIRs to an independent agency, more particularly keeping in mind the factual background and circumstances of the case.”
Bose, an advocate and a politician affiliated with the Bharatiya Janata Party (BJP), approached the Supreme Court seeking the transfer of investigations related to two FIRs registered on December 7, 2020, at Serampore Police Station in West Bengal. These FIRs involved allegations under various sections of the IPC, including Sections 341, 323, 325, 326, 307, 354, 504, 506, and 34.
Bose alleged that on December 6, 2020, 200 TMC workers surrounded his residence, threatening his life. Although his security detail, provided by the Central Industrial Security Force (CISF), protected him, injuries were reported among the guards. He claimed the local police, instead of taking action against the attackers, registered FIRs against him.
Bose claimed that his affiliation with the BJP and his role as a prominent spokesperson and campaigner against Kalyan Banerji (his ex-father-in-law, a TMC MP) during the Lok Sabha elections were the primary reasons for the FIRs being lodged against him. He argued that these FIRs were a result of a calculated political vendetta, orchestrated with the backing of the state administration under the TMC.
Bose highlighted his previous marriage to Banerji's daughter, solemnized in 2010 and dissolved in 2018. He alleged that despite the settlement reached at the time of divorce, his ex-father-in-law continued to harass him, pressuring state officials to victimize him through legal and administrative means.
The state denied his allegations and claimed he refused to cooperate with the investigation.
The CISF, in its affidavit, highlighted the failure of the local police to control the situation or allow CISF reinforcements access to the scene of the December 6 incident. It also noted the withdrawal of key CISF personnel from his security detail following the incident.
Kalyan Benerji in his affidavit rejected Bose's claims, accusing him of fabricating facts to malign his reputation. He argued that transferring the investigation to the CBI was unwarranted and that Bose harbored a personal grudge due to their strained personal and political relations. He said that Bose sought to bypass alternative remedies by directly approaching the Supreme Court
The Supreme Court emphasized that while parties do not have a right to choose the investigating agency, constitutional courts can intervene in exceptional circumstances to ensure fairness. Citing precedents, the Court noted that investigations involving high-profile individuals or state authorities or where the incident may have national or international ramifications or where it is necessary for doing complete justice and enforcing fundamental rights could necessitate a transfer to an independent agency to “to provide credibility and instil confidence”.
The court said that local police could not be permitted to examine the allegations against CISF personnel.
“The case involves the investigation of the role of CISF or its personnel which cannot be left in the hands of the local police also for reasons of conflicting interests. Thus, in our view, it is not appropriate to permit the local police to examine the conduct of CISF personnel in the instant case.”
Given the lack of progress in the investigation due to an interim stay, the Supreme Court directed the State of West Bengal to transfer all records related to the FIRs to the CBI for completion of the investigation.
Case no. – W.P. (Crl.) No. 416/2020
Case Title – Kabir Shankar Bose v. State of West Bengal and Ors.
Citation: 2024 LiveLaw (SC) 950
